Terms of Service

The following terms and conditions apply to all website development / design services provided by The Landing Factory (owned by Sonix Media j.d.o.o. company) to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions. 

2. Charges

Charges for services to be provided by The Landing Factory are defined in the project quotation that the Client receives via e-mail or online at The Landing Factory website. Quotations are valid for a period of 30 days. The Landing Factory reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of hundred (100) percent of the project quotation total before the work is supplied to the Client for review. 

For bigger projects which require 10+ changes the client can pay 50% upfront for the first 5 or more pages, after those are completed client pays the other 50% upfront for the rest of the pages.

Payment for services is due by PayPal, credit card or bank transfer. 

3. Client Review

The Landing Factory will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies The Landing Factory otherwise within fourteen (14) days of the date the materials are made available to the Client.

During the design process Client can ask for unlimited reviews and revisions.

4. Turnaround Time and Content Control

The Landing Factory will make the requested designs within time range provided at the website or written in the email to Client. Those times start when the Client has provided 100% of materials required to design the page, unless agreed otherwise. 

Turnaround time can take longer than expected if the Client requests more revisions than usually expected.

During the project, The Landing Factory will require the Client to provide website content; text, images, movies and sound files, unless agreed otherwise.

5. Failure to provide required website content:

The Landing Factory is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right deliver the project after the initially agreed turnaround time.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using WordPress content management system you are able to keep your content up to date your self, unless you hire us to do so.

6. Payment

Invoices will be provided by The Landing Factory (Sonix Media j.d.o.o. will be written on the invoice) upon completion of the project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. 

6.1. Refunds

No refunds will be granted after the project has started after the payment by the Client was made.

7. Additional Expenses

Client agrees to reimburse The Landing Factory for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

7.1 Late fee – In case where the project has been paid but hasn’t started within 6 months of the payment received because the client didn’t provide website content or other info necessary for The Landing Factory to start the project, the client will need to pay a late fee in amount of $150 per page.

8. Web Browsers

The Landing Factory makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, etc.). Client agrees that The Landing Factory cannot guarantee correct functionality with all browser software across different operating systems.

The Landing Factory cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, The Landing Factory reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Indemnity

All The Landing Factory services may be used for lawful purposes only. You agree to indemnify and hold The Landing Factory harmless from any claims resulting from your use of our service that damages you or any other party.

10. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Landing Factory the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting The Landing Factory permission and rights for use of the same and agrees to indemnify and hold harmless The Landing Factory from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to The Landing Factory that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

11. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by The Landing Factory to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

12. Access Requirements

If the Client’s website is to be installed on a third-party server, The Landing Factory must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

13. Post-Placement Alterations

The Landing Factory cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, plugins, themes or deletions.

14. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

15. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. The Landing Factory will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

16. Governing Law

This Agreement shall be governed by English Law.

17. Liability

The Landing Factory hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of The Landing Factory to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.